If you are denied protective supervision or other in-home supportive services (IHSS), you have the right to appeal your denial and present your case at an administrative hearing. Prior to the hearing, the county’s hearing representative may offer you a conditional withdrawal. This means that the county will reevaluate your case- review your documentation and potentially conduct another assessment- and notify you whether it changed its decision.
There is no way to predict whether the county will offer you a conditional withdrawal, as it is in the county’s discretion to do so. If the county offers you a conditional withdrawal and you accept, then usually the county has 30 days to review your case and issue an updated decision.
- If the county changed its decision after its reevaluation and awarded you protective supervision or other IHSS, then congratulations! Your appeal is dismissed and you’ll receive the services you requested.
- If the county maintained its position by denying you the services you were seeking, it simply means that your appeal is right back to where it started before the county offered you a conditional withdrawal. After you notify the State Hearings Division, your appeal will proceed to a hearing in front of an administrative law judge.
Accepting a conditional withdrawal is generally a very good idea because it essentially gives you another bite at the apple. It’s another opportunity to receive protective supervision or other IHSS, with no penalty in the event you’re denied. However, keep in mind that if you’re denied, your hearing will have just been delayed at least 30 days. Unless your priority is to receive your potential IHSS payment as soon as possible, the delay isn’t such a big deal. If you ultimately win at the hearing, the county will issue you a retroactive payment from the date of your application or reassessment, which will compensate you for the entire duration of your appeal.
The specific terms of each conditional withdrawal may differ, so it’s best to consult a qualified representative if you don’t fully understand the county’s offer.
